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1. Te Korowai Tiaki o Te Hauāuru Incorporated Society v Te Rūnanga o Ngāti Tama Trust (2019) 407 Aotea MB 47 (407 AOT 47) [pdf, 319 KB]

   ...Aotea MB 49 [6] The Trust and Te Korowai filed evidence and submissions in advance of, and made submissions at, the substantive hearing on 18 October 2019. The Trust led three witnesses at the hearing, each of whom gave viva voce evidence in response to some of the new matters raised in the evidence in reply filed by Te Korowai. [7] The New Zealand Transport Authority (“NZTA”) sought leave to appear at the substantive hearing, which was not opposed by the parties. NZTA ha...

2. HortNZ - EiC - M K Sands - Industry (5 Feb 2021) [pdf, 313 KB]

   ...HortNZ’s involvement in national water policy. In particular providing input into the development of the National Policy Statement for Freshwater Management (NPSFM) and the National Environmental Standard for Freshwater. 11. I lead HortNZ’s policy response on Climate Change matters. I am a steering Group Member of He Waka Eke Noa. 12. Since beginning my role at HortNZ, I have met with growers across New Zealand to better understand their horticultural operations and how reso...

3. Ruddelle v Auckland District Health Board [2021] NZHRRT 5 [pdf, 230 KB]

   ...completed an ACC 2152 Treatment Injury Claim form for Michael, to apply for funding for the pain on Michael’s right foot and leg with spasms and dystonia, which Dr Bidwell stated was caused by the operation she performed on 5 February 2015. In response to the final question on the form which asked for other information relevant to the claim, Dr Bidwell wrote: Notes included. Also complaint to HDC. The nature of the information disclosed [18] This claim is by Ms Ruddelle about t...

4. [2020] NZEmpC 106 Kiteley v Carbine Aginvest Corp Ltd [pdf, 225 KB]

   ...not to progress with creating this role and to proceed with Option 1 of his restructuring proposal. [24] Mr Kiteley has asserted that as part of redeployment, he should have been offered the Supply Chain Manager role. Mr Mander pointed out in response that, Mr Kiteley’s employment had already ended before the Group Logistics Manager’s resignation on 15 December 2017 and Mr Kiteley had been paid out his substantial notice entitlement and other entitlements. There would be no...

5. [2020] NZEnvC 124 Sidwell v Thames Coromandel District Council [pdf, 5.7 MB]

   ...'expiry periods'. "10 [21] Ms Riley also relies on an ordinary dictionary11 meaning of "lapse" (i.e. "termination of a right or privilege" "through disuse or failure to follow appropriate procedures"). In response to Dr Sidwell's interpretation, she submits that, on a plain ordinary reading, s 105 is properly self-contained and there is no need for recourse to s37. On the other hand, s105(1A) would be superfluous were Dr Sidwell '...

6. [2019] NZEnvC 151 The Otahuao Burial Ground Trust v Heritage New Zealand Pouhere Taonga [pdf, 6.9 MB]

   ...Owner Requirements If you are the owner of the land to which this authority relates, you are required to advise any successor in title that this authority applies in relation to the land. This will ensure that any new owner is made aware of their responsibility in regard to the Heritage New Zealand Pouhere Taonga Act 2014. BOUNDARY ACCURACY - HIGH 28.06119 / CHECKED: C.H. 24/01118 r--i---------------1----l ~ NCC I~ I mnsu11q.,.._., APPRCJl.'fl>: TITLE: SCALE: Windso...

7. TSO v Essina [2020] NZIACDT 2 (16 January 2020) [pdf, 117 KB]

   ...a work permit and advise the employer regarding the contract and job offer in order to smooth the visa process. It stated that no extra payment was required if he had a service agreement with Job Placement. The complainant would, however, be responsible for incidental expenses, such as the fees charged by Immigration New Zealand and NZQA. [18] A formal job offer to the complainant was made by the employer on 9 November 2016. Both parties signed it that day. [19] On 23 November...

8. NLT v Coetzee [2019] NZIACDT 81 (10 December 2019) [pdf, 144 KB]

   ...immigration instructions were not clear, but they did not prohibit such a status. Ms Coetzee said she was not convinced that the complainant could not work as an independent contractor. However, she had to wait five months until April 2017 to get a response from Immigration New Zealand. Ms Coetzee said she did not feel she had breached her obligation to exercise due care by checking and applying the immigration instructions accurately and so advising the client. If anything, she t...

9. [2018] NZEmpC 138 Samuels v Employment Relations Authority [pdf, 295 KB]

   ...(b) (if applicable) the party initiating the review proceedings has challenged the determination under section 179; and (c) the court has made a decision on the challenge under section 183. [26] It is tolerably clear that s 184(1A) was a response to David and Metargem, although there appears to be no discussion of the proposed amendment in the Parliamentary materials at the relevant time. As will be evident, the new provision created additional requirements before a judicial...

10. [2021] NZACC 89 - Baanders v ACC (22 June 2021) [pdf, 292 KB]

    ...that ACC was merely using the excuse of degenerative change to avoid paying him. Mr Baanders is not a malingerer and I accept his views are genuinely held. However the overwhelming medical evidence is of the opinion that degenerative change is responsible and not the original covered injury. [42] I can find no error in law in the Reviewer’s discussion of the law and I can find no obvious error in her evaluation of the evidence. I have therefore come to the view that the Reviewer...